2009 (1) TMI 53 - SCH - Central Excise

Trade discount held that Tribunal has rightly come to the conclusion that there is no flow back/return of the trade discount and consequently the assessee was entitled to claim deduction - vending machine stood installed by the holding company. Nonetheless ownership of the vending machine vested in the marketing company. The machine charges were payable to the marketing company and not to the holding company. Hence machine usage charges were not includable in the A.V. of product

Summary

The Supreme Court determined that the assessee was entitled to deduction for trade discount and that "machine usage charges" did not form part of the assessable value of the product. The Court dismissed the Civil Appeals filed by the Department with no order as to costs.